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Terms of Use Agreement

Terms of Use Agreement

You are visiting a website owned by This Land (hereafter "This Land"). By using this website, you are entering into a legal agreement to abide by the terms of use you see here, and you are agreeing that you have read and fully understand these terms of use.

This Terms of Use Agreement ("Agreement") applies to the websites operated by This Land and any of its affiliates and subsidiaries ("Websites" or each individually "Website") on which this Agreement is displayed. This Agreement also applies to your use of any goods, facilities or services offered through the Websites (collectively "Services"), regardless of how they are accessed. By accessing, browsing, or using the Websites, you acknowledge that you understand, accept and agree to be bound by this Agreement, as well as our Privacy Policy, which is incorporated into this Agreement by reference. You agree that, to the fullest extent required by the law of any state, you have been provided with, have received, and are agreeing to all disclosure and consent requirements. Certain Services may include additional terms; by agreeing to proceed with any such Services you acknowledge that you have read, understand, and agree to be bound by any additional terms displayed or referenced that apply to that Service.

We reserve the right, at our sole discretion, to change or modify the Websites or this Agreement (or any portion thereof) at any time. Such changes and modifications become effective immediately upon posting on the Websites. You agree to review this Agreement for any such changes upon your use of the Websites and that your continued use of the Websites or Services constitutes your acceptance of such changes and modifications. The Websites are intended for individuals who are at least 18 years of age and are accessing the internet from a physical location within the United States of America. By using or accessing the Websites, you acknowledge that you are 18 years of age or older and are accessing the internet from a physical location within the United States of America.

Privacy Policy

Our Privacy Policy, hereby incorporated by reference into this Agreement, explains how We collect, protect, share, and use your information as part of our technology platforms, and all of our products and services.

If you submit information on this website, you are agreeing to receive all current and future notices, disclosures, communications and information, and to do business electronically with us and our Providers. Your continued use of this site is evidence of your acceptance and agreement to be bound by this Agreement. Your agreement is obtained through positively opting-in to our terms of use and privacy policy when you submit information.

Copyright, Trademark and Service Mark Notices

All text, graphics, photographs, videos, sound, trademarks, logos, artwork, interfaces and computer code, including but not limited to the design, coordination, "look and feel" and arrangement of elements contained on the Websites (collectively "Content") is owned or licensed by or to This Land. The Content is protected by trademark, copyright, and patent laws, and other intellectual property rights and unfair competition laws. Except as expressly stated herein, no part of the Websites or Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, transmitted or distributed in any way, including the use of framing or mirrors, to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without This Land's prior written permission. Nothing on the Websites should be construed as granting any license or right to use any Content.

You may not scrape, aggregate, copy, or otherwise duplicate the Content to any other website whether for monetary gain or as a free service. Failure to abide by this restriction will result in immediate termination of your account and possible legal action.

Disclaimers and Liability

THE WEBSITES, CONTENT AND SERVICES ARE PROVIDED FOR USE "AS IS" WITHOUT WARRANTY OF ANY KIND. THIS LAND DOES NOT WARRANT THAT THE WEBSITES, CONTENT OR SERVICES WILL BE ACCURATE, ERROR-FREE OR UNINTERRUPTED. THIS LAND DOES NOT WARRANT THAT THE WEBSITES, CONTENT OR SERVICES WILL PROVIDE SPECIFIC RESULTS.

TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW:

ADDITIONALLY, THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THE WEBSITES DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY US. ALL SUCH INFORMATION, PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.

Indemnity

You agree to indemnify, defend and hold harmless This Land and its officers, directors, shareholders, predecessors, successors-in-interest, licensors, employees, agents, subsidiaries and affiliates ("This Land Parties"), from and against any and all claims, losses, liabilities, expenses (including attorneys' fees and costs) and damages arising out of or relating to your use of the Websites or Services, your violation of any third-party right or law, or your violation or alleged violation of this Agreement. You must not settle any such claim or matter without the prior written consent of This Land. The This Land Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you further agree that you will cooperate fully in the defense of any such claims.

Limitation on Damages

THIS LAND'S LIABILITY, IF ANY, SHALL BE LIMITED TO DIRECT AND FORESEEABLE DAMAGES, WHICH SHALL NOT EXCEED THE AMOUNT PROVIDED BELOW. UNDER NO CIRCUMSTANCES SHALL SNAGALOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, STATUTORY, PUNITIVE OR EXEMPLARY DAMAGES SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, LOSS OF OR DAMAGE TO DATA, OR EMOTIONAL DISTRESS NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL SNAGALOT'S TOTAL LIABILITY EXCEED U.S. $100.00. THESE LIMITATIONS AND EXCLUSIONS APPLY EVEN IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE OR IF WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THESE LIMITATIONS AND EXCLUSIONS APPLY TO ANY CLAIMS RELATED TO THIS AGREEMENT OR TO THE SERVICES.

Links to Third Party Websites

The Websites may contain links to websites maintained by third parties. Such links are provided for your convenience and reference only. We do not operate or control in any respect any information, software, products or services available on non-affiliated third-party websites. Our inclusion of a link to a website does not imply any endorsement of the services or the website, its contents, or its sponsoring organization. Your use of any such third-party websites may be subject to other terms and conditions imposed by the third parties maintaining those websites. When you leave the Websites, you agree that We are not responsible for the accuracy or content of the information provided by that website, nor is it liable for any direct or indirect technical or system issues arising out of your access to or use of third-party technologies or programs available through that website.

Errors and Delays

You agree that This Land is not responsible for any errors or delays in responding to a request or referral form caused by, including but not limited to, an incorrect email address or other information provided by you or other technical problems beyond our reasonable control.

You agree that no arbitration under this agreement shall be joined to an arbitration involving any other party subject to this agreement. Arbitration must be on an individual basis. You may not join or consolidate claims in arbitration or litigate in court or arbitrate any claims as a representative or member of a class or in a private attorney general capacity.

You agree that any dispute or disagreement regarding the enforceability, applicability or interpretation of any provision of this Agreement, including the provisions regarding dispute resolution and arbitration, is a Dispute subject to the arbitration provisions herein and shall be resolved by an arbitrator.

You also agree that any dispute or cause of action arising out of or related to the Websites, Services or Content must be commenced within one year from the later of (1) when the dispute or cause of action accrues or, (2) through the exercise of reasonable diligence you should have known about the accrual of the cause of action. Otherwise, such cause of action is permanently barred.

This Agreement (including all referenced or incorporated policies, agreements and other provisions) constitutes the entire agreement between you and This Land and supersedes all prior or contemporaneous oral or written agreements or other communications between the parties with respect to the subject matter hereof. If a conflict between the language of this Terms of Use Agreement and the language of any terms incorporated by reference, the latter incorporated terms shall control.

You acknowledge and agree that, in entering into this Agreement, you are not relying on any representation, warranty, statement or promise, express or implied, not explicitly set forth in this Agreement, and you hereby waive any claimed reliance on same. If any provision of this Agreement shall be found to be invalid or unenforceable, you agree such provision shall, to the maximum extent feasible, be modified by to render it enforceable with respect to the Dispute at issue and to reflect to the maximum extent possible the intent of the existing language of the provision when considered in the context of this Agreement as a whole, that such modified provision shall be enforced with respect to the underlying claims in the Dispute at issue, and that such a finding of invalidity or unenforceability shall not affect the validity or enforceability of this Agreement as a whole or of any other provision of this Agreement.

Terms Applicable to All Services

We provide educational content and operate online marketplaces that enable consumers to find land for sale by This Land's network of Providers.

By submitting any Qualification Form and affirmatively agreeing to these Terms & Conditions and the Website's Privacy Policy on a This Land Website, and separately for each such request you submit, you are indicating that you desire to be contacted by This Land, Partner Providers, and other Network Partners as we may designate, and you are providing express written consent that This Land, a third party on This Land's behalf, and This Land's Network Partners with whom you are matched, may deliver calls or text messages to you, including for marketing purposes, using an automatic telephone dialing system or an artificial or prerecorded voice to the phone number you have provided. You understand that you are providing this consent to receive such telephone calls even if your telephone number is currently listed on any federal, state, local, internal, or corporate Do-Not-Call ("DNC") Lists. You further understand that This Land or any of the entities mentioned above may send you SMS/MMS text, email, and live phone call. You may also receive postal mail from the above mentioned entities.

You consent to receive email from This Land, its affiliates, and its Providers at the email address you provided or at other addresses that may be associated with you that we receive from Providers or other parties. You hereby consent to any such email, so it will not be considered spam or unauthorized by any local, state or federal law or regulation. You agree that the consents described herein shall remain valid and in effect until you revoke them by opting out as described below.

You may opt out of receiving calls from This Land at any time by engaging in any of the following reasonable means: (1) emailing sales@thisland.io to expressly state in writing that you no longer wish to be contacted by This Land and are revoking your consent to be contacted; or (2) Responding to any SMS, mobile, or text message you receive from This Land in accordance with the express written instructions of that particular messaging program. You agree to notify any particular Provider directly if you no longer want to receive communications from them. You further agree that This Land is not responsible for a Provider's failure to follow your or our instructions to stop contacting you.

This Land is not an agent of either you or any Provider. Except as otherwise provided for in your state This Land is not acting as your agent or as the agent of any Provider. This Land's services are only administrative. You agree you will rely on your own judgment and research independent of any communications or information you receive from This Land in deciding which available product, terms and Provider best suits your needs and financial situation.

Any Qualification Form you submit is an inquiry to be matched with Providers that may be able to present conditional offers for land for sale, land buying services, financial services, or any other services as may be performed by our Provider Partners. The Provider is solely responsible for its services to you, and you agree that This Land shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of such services or your interactions with any Provider. You understand that Providers may keep your Qualification Form information and any other information provided by This Land or received by them in the processing of your Qualification Form, whether you choose to buy land from them.

For any Service, by saving your information with This Land or submitting a Qualification Form, you represent that all the information you have provided is true, accurate, current and complete. You further acknowledge that you alone will use your account to access the Services. You must not sell, transform or assign your account to anyone else. You agree to keep your login information confidential, to employ reasonable and appropriate safeguards to prevent unauthorized access to your account, and to not share your account credentials with any third party or allow anyone else to log into our Services as you. You are responsible for all activities that occur under your member account. If you believe that your account is no longer secure, you agree to notify us immediately.

When you "submit" information, create an account or otherwise register for Services through our Websites, you understand and agree that you have established a business relationship between you and This Land. Accordingly, This Land may send your information to certain affiliates and third parties as provided in the Privacy Policy and you agree that This Land, its affiliates, and persons calling on This Land's behalf may contact you using information you provided with information and offers of services available through This Land and the Websites. You also give This Land permission to retain all such provided information and to make live or recorded calls to discuss, provide or remind you of any information regarding your submission, including incomplete Qualification Forms, the identification of matched Providers, deadlines, quality of services or other matters in connection with your Qualification Form.
In addition, certain state and federal laws require that the information you provide us is housed and securely maintained and cannot be removed, purged, or destroyed until the expiration of certain prescribed periods. Providers may also from time-to-time be required to share the information you submit to them with This Land in order to adhere to applicable laws. Providers and This Land may also maintain and share information provided by you and about you by third parties for internal marketing and analytics. You are providing express written consent for the retention of this information upon completion of an inquiry form for This Land and the selected Provider to share this information for these purposes.

We do not guarantee offers or specific terms or conditions with any Provider; approval standards are established and maintained solely by individual Providers. Likewise, we do not guarantee that the prices offered by Providers include the lowest rates available in the market or the rate that the Providers will ultimately charge. A Provider's conditional offer may be subject to market conditions, approval and qualification. The rates and fees actually provided by Providers may be higher or lower depending on your property. Unless expressly stated in writing, nothing contained herein shall constitute an offer or promise for a purchase agreement commitment. Providers may not offer purchase agreements in all states. You might not be matched with the Provider making any specific offer.

By clicking on any button indicating an acceptance or agreement to terms, a continuance of processing or submission (collectively, a "submission") you understand that you are consenting, acknowledging and agreeing to the stated terms and conditions of that submission and that you are submitting an inquiry for a Service through This Land to each of the Providers to whom your land buying request is transmitted. You are also indicating that you are consenting, acknowledging and agreeing to receive notices, disclosures and other communications in electronic form (either by email or via the Internet) .

How We Are Compensated

This Land is paid a marketing lead generation fee by Providers for the goods, facilities and services provided. Your use of the Websites and/or This Land's services constitutes your agreement with this compensation arrangement.

Additional Terms Applicable to Specific Financial Services & Products

We offer Services that you can use to get offers on land for sale.

When you complete a Qualification Form, by clicking on any button indicating an acceptance, acknowledgement or agreement to terms, a continuance of processing or submission (collectively, a "submission") you understand that you are consenting, acknowledging and agreeing to the stated terms and conditions of that submission and that you are submitting an inquiry for an offer through This Land which will match you to Providers to whom your request and personal information is transmitted. We may also try to find you matches for similar or alternative Services based on your request.